Notes on Different types of customers

Dealing with customer complaints why do customers complain? Customers complain mainly because of bad customer service The product they received is of bad quality not happy because of the staff Delayed flights not good service untidy accommodation product they received was not as it was descriptive. Not a not seats on the plane not getting what they want queues why do organizations need to know about customer complaints? To keep their reputation keep one customer happy expand business keep customers keep business to improve o fix one problem How to deal with customers?Offer a discount or a complimentary Item such as a drink. Food item etc. ) or a refund If they take It further ask If want to speak to the manager Reply a. s. A. P start by apologizing Don't interrupt whilst they are complaining Ask what's wrong face to face offer something else e-mail written communication make it formal be sympathetic make eye contact Listen suggest the course of action check the customer is happy with the solution and ask them if there is anything else you can do for them. Keep calm keep customer informed at all times Why is It Important to resolve a complaint? O keep the customers happy so you will get customer loyalty so you don't get a bad image/reputation of you or the organization To prevent it from happening again so I OFF quality of service they give how good their products are minimum standard of quality procedures they follow Equally With respect Fairly Friendly Welcomed well With a helpful manner NIce Politely Regardless of the customer type all customers have different needs. A hen party traveling to London for the weekend. Transfers Accommodation Group accommodation rah receptionInformation on local nightlife Different types of customers Mobility Pre-boarding Disable Access Guides Wider corridors Handrails Ramps Treated with respect and equally Special seating Bigger facilities Information about excursions suitable for their needs Special cabins/accommodation specifi cally for the disabled Lifts Visually impaired Braille White stick Career Guide dogs Assistance Be sensitive Hearing impaired Hearing aid Hearing loop Lip reader Sign language translator Speak loud and clearly Signs Devices to help them in case of an emergency el calling people, phone ringing, fire alarm going off Cultures/Countries Health documents Leaflets in their language Maps in their language Treat them equally and with respect Helpful staff Injection Visas/Passports Currency exchange Insurance Translator Elderly/Confused Treated with respect Show empathy Speak slowly and clearly Make sure they understand the information they were confused about Communication methods best suited to the customers needs. Hearing – Written, Face to face (For lip readers) Visual – Telephone, Verbally Elderly – Face to face, verbally Different language – Written – diagrams

Automobile and Martha Johnson Essay

Martha Johnson is a mid- class work family. Martha’s goals are buy a car, rent an apartment, stay home and be a full time student, go on vacation, or save the money. The money she has it is from her aunt. Her aunt passed away and left Martha money. I am writing this essay to recommend my option on how Martha Johnson should spend her money. The chose I am going to make is going to help her out how to spend her money. The first goal that Martha has in mind is to buy a car. The advantages is that she has a car that she can use to go to school and go to work. She can also use the car to take her mom to her doctor appointments. Also she can go to the store when she wants to buy something like food, or clothes she will go shopping. The disadvantages is that Martha will have to pay for gas and pay car insurance for the car she buys. She will need to buy a use car not a new car. Also she would need to repair the car if it has any problems with the car. The second goal is that Martha wants to rent an apartment to herself and share it with a roommate also she is going to be a full time student . The advantages is that Martha will have her own place and wont be living with her parents. She will also be close to school and she will be walking instead of driving to school. She will also will be able to finish her career early.

Correct assignment 1A Research Paper Example | Topics and Well Written Essays - 500 words

Correct assignment 1A - Research Paper Example ethod to discovering how the human brain and spinal cord function is the only ‘right’ way to understand the human nervous system and that this study will lead to 100% understanding of the system. fact, object or phenomenon that is conducted by studying the various intrinsic features or traits of the subject matter and their relation to the world. It is essentially a quest to know the ‘truth’ about the significance of the subject matter. Someone with an idealistic ontology feels that reality is based more in the mind and the spirit instead of the physical and material world. Someone who places more emphasis on the material or physical world as a basis for reality would have a materialistic ontological perspective. Epistemology is the term that refers to the description of the fundamental sources of the development of concepts and human perception and knowledge that helps us to distinguish between the right and wrong and directs our beliefs and actions. In order to consider the sources of knowledge, there follows a debate comparing the rationalism (what seems right) with empiricism (what experience tells). Different people hold different opinions about the same matter because they have had different experiences with it or heard of it differently. This knowledge helps them to shape their approaches, beliefs and actions. We tend to have different opinion about a person until we happen to know him/her better by having a conversation with him/her. This holds true for beliefs also. Methodology is the planned steps that one anticipates making in order to test whether a hypothesis is correct. The methodology can refer to either a qualitative or quantitative analysis of data collected. Methodology is based on the study design adopted for the purpose of conducting the research, and includes data collection, analysis and interpretation. When there is a need to know the student’s perception about their curriculum in a certain school, a certain number of students

TQM Week 6 Essay Example | Topics and Well Written Essays - 250 words

TQM Week 6 - Essay Example There is a common approach to issues and improvements when flow chart is used with a team. 3. is 100% inspection good? Why or why not? 100% inspection may be good in ensuring that all the products shipped are in good condition and that goods whose conditions are not satisfactory remain behind I the factories. 100% inspection is very costly and time consuming. Alternatives to 100% inspection is the acceptance sampling plan 4. Elimination of inspection on a process that is functioning in a state of statistical control is possible because both ensure and reduce the level of damages that may occur along the process. Inspection verifies conformity and the status of a product while statistical control method monitors and controls a process using statistical method. By the end of the day, both are designed to ensure quality. 5. Yes, it is possible to substitute statistical process control for inspection and still get the same quality delivered to customers. Statistical process control ensures quality in the process while inspection only allows the best products to be taken to customers. This is enough evidence that both the techniques ensure quality end product delivered to

How the images of refugees framed in the media will influence people's Literature review

How the images of refugees framed in the media will influence people's sympathy and per ception on refugees - Literature review Example This essay aims to conduct a study, which explore the relationship between how a person feels refugees and the images of refugees framed in the mass media. In order to examine the research question: what is the influence of images of refugees framed in the mass media images on people’s perception, the essay would expect to organize a group experiment. According to FADIMAN, (2012, p. 54), the human nature dictates that humanity is an intrinsic feature that every human being has. This intrinsic feature is dependent in certain humanitarian standards and in feelings that must be accumulated within the body of a human being. For instance, pain is one of the intrinsic characteristics that depict a human being. Humanity is fearful to pain and suffering. Refugees are people considered to be facing intermediate imbalance in their capability to access the humanitarian requirements and standards for living. This is why in most cases, their mention signifies suffering, death, lack of everything that helps keep life, and total failure in knowledge and understanding of a certain body that resulted in them. Refugee camps are characterized with human suffering captions. People face little chance of survival, yet in most cases, they survive with intriguing human feelings. The media is a channel through which several human intentions are perceived and delivered. For instance, it would take an easy stature for media personnel to convince a group of people offer the sufferings found in the refugee camps. With the intrinsic human nature founded in people, it becomes an easy and even unthinkable task to offer help to people facing such refugee challenges (HOUTMAN- DE SMEDT 2005, p. 56). Challenges are common in every society. Nonetheless, the ones faced by refugees appear to touch the innate feelings of many people in the world. The mass media images exploit on the fact that challenges and sufferings being faced by

Cyber Crimes Essay Example | Topics and Well Written Essays - 750 words

Cyber Crimes - Essay Example The first of these that will be discussed is that of piracy. Although piracy has traditionally been viewed as a problem that is specific to a young generation of music down loaders and video game players, the fact of the matter is that the market for software, video, music, and data piracy has exploded within recent years and is a multi-billion dollar a year loss for the industries whose intellectual rights are being infringed upon. Moreover, if the firm in question is one that distributes or creates a software product, their overall revenues are in dire danger of being lowered as a result of the actions of pirates. Likewise, the firm must be aware of the fact that software piracy usually takes place from within first as an unscrupulous employee having access to the information in question usually is responsible for taking this information home on their own and uploading it to any number of a host of sites as a means of beginning the snow-ball effect of data piracy. As such, one of t he ways in which a firm can seek to ameliorate the way in which it is exposed to the risk of software piracy is to ensure that all data movements within the firm are well tracked as well as having a robust legal department that operates in close concert with the human resources department to ensure that limited numbers of the employees have access to the finished product and those that do are well accounted for and have been explained to the ramifications, both ethical and criminal, with relation to stealing the company’s product. Secondly, if the firm itself is not one that relies on the development of software as a means to earn its revenues, the firm will need to be responsible for the ways in which its employees download and utilize the data that they might find on the internet. For this reason, a robust internet usage policy must be delineated to the employees upon their employment and watch groups should be established to ensure that compliance is met at every step of t he process. The second issue that relates to cyber crimes is that of cyber terrorism. Although this is of course a lower level incidence than the one that has been thus far mentioned, it is of primary importance not only to governmental instruments but to the very foundations of a nation’s economy. Therefore, the threat of cyber terrorism can include any and all firms that deal with an entire litany of different industries and/or businesses. In order to guard against the threat of cyber terrorism, it should be the goal of the firms in question to seek to review their security policies in dept on a quarterly and yearly basis as a means of ensuring that key oversights are addressed and no blatant flaws are exhibited in their systems. Even though it is never possible to ensure that a given firm will be 100% secure from cyber terrorism, the engagement of key assets to review the security procedures is integral in protecting the firm from such an eventuality. Finally, this analysi s will discuss the threat of fraud. This is perhaps the easiest of the three to seek to prevent as it involves the instruction of shareholders with regards to how to interpret threats that present themselves on a daily basis. Furthermore, with respect to fraud, this is almost always the type of situation in which employee lack of knowledge

Are there ever circumstances in which nations are justified in Essay

Are there ever circumstances in which nations are justified in suspending the laws of war - Essay Example The law also gives a time period that the war should continue. This is considered in the international humanitarian law that insists that the war time conduct should be limited to acceptable volumes. Therefore, the war should only continue to a certain length of time. On the other hand, just war theory deals with issues that are related to why and how wars are fought between countries, states and regions. Some wars are justified as they have a noble cause. This brings the point where countries have to engage in wars that have a solid bearing and they should be fought. In this historic aspect of war, there are traditions that are directly inclined to rules of agreement where they have been applied across many wars across the world. In many times, people use their philosophical conventions to decide on these particular decisions. War does rely on the use of weaponry and strategy, to ensure a country protects its interests. Since time immemorial, people have been fighting in the world w ith different causes implicated to the beginning of the war. With the prevalence in fighting, people have been blaming each other for the fighting (Shanahan, 2005:34). There are many aspects that go beyond historical philosophy, philosophy of the incumbent law and the political history of a place or country that could lead to suspension of laws of war. They deem to protect countries, human race and any group of people (Duffield, 2007:31). They have to consider all other options that would be prominent in securing human life. Many historical figures have had their fair share of reflection on the issue of war and have generated their strong recommendations. This includes philosophical leaders, religious leaders and political bigwigs. There are many circumstances where a country has to suspend laws of war, since there are other interests that should be protected. As a fact, war is openly referred to as a brutal enterprise that is used to solve problems. However, Carl von Clausewitz sta tes that war is a continuity of policies that are implemented in other means. In this statement, he suggests that war is violent ways of ensuring people adhere to the stated rules. The leaders in such countries do not have an option of solving and implementing the policies in a peaceful way, and have to consider forceful implementation (Nathanson, 2010:45). This leads to eruption of war in a country, which could go on for a long period of time. In his word, circumstances that lead to war are about the will to perform what other people are suggesting. Therefore, war only erupts when people refuse to do what is to be done and oppose the will of the implementing leaders. Before engaging in any warfare, countries have to consult the law of war. However, countries evaluate the laws of war and decide to suspend them. These are set criteria that countries should use before engaging in any war. Therefore, countries do make decisions before engaging in any act of war. This is well explained in the jus ad bellum which gives the country the right perspectives before engaging in any war. As such, this is a universal law that has to be consulted before taking any actions that might jeopardise the peaceful coexistence of the world. As a fact, these laws were incepted to ensure that countries only engaged in wars that were justified (Coady, 2007:41). Therefore, this is a law that ensures countries and other parties engage in wars that are justified, and should avoid any

Congress and Global Warming Policy Essay Example | Topics and Well Written Essays - 250 words

Congress and Global Warming Policy - Essay Example These two geographical areas are engaged in economic activities from which they earn their living. The people living in these regions are represented by elected and nominated legislators sent to the two houses to promote their welfare. Some of these members are funded by - individuals, companies, for-profits, and non-profits - organizations to the legislative houses. Therefore, these groups sometimes influence the nomination of these representatives and senators and may influence a candidate to be defeated.Theregionsdependent on tourism and conservation of the environment would want the gasses emissions to be reduced to protect the environment. However, individuals engaged in production that pollutes the environment would wish to continue their economic activity, oblivious to the fact that they are damaging the environment. Therefore, it is very difficult to find a common ground on addressing global warming because whatever measures were taken to control global warming would affect t he livelihoods of the American citizens.ConclusionCongress should find a consensus on issues about the conservation of the environment. Being the house that formulates policies, it should come up with a common playing field that would restrict carbon emissions that cause global warming while at the same time providing incentives for adopting resolutions. It should formulate policies that will compel the government to invest heavily in environmentally friendly options that would reduce the global warming effect.

Case Study Example | Topics and Well Written Essays - 250 words

Case Study Example So, he measured high on the self awareness. Other than that, he did not control his emotions, so his score on self management is very low. He lost all hope for building his career in the company, and therefore took the extreme steps which speaks of his low score on self motivation. He did not understand Marilyn’s reason for disapproving his promotion, so he measured low on empathy. He took actions against the peers because of poor social skills which earned him bad name in the company. 2. Alex needs to improve his emotional intelligence particularly on the dimensions of empathy and social skills. He should have realized how abrupt he used to talk on the phone, and how often he refused to provide answers through emails when he was required to do so by his peers. He should make a written note of apology to the company’s owners and all of the management and peers. 3. Alex’s suspension and recommendation for his termination is very justified given his misconduct and lack of consideration for the reputation of the company.

Thesis statement Essay Example for Free

Thesis statement Essay Write a thesis statement each as per the Feminist theory of Criticism and the Reader-Centered theory of Criticism based on â€Å"A Rose for Emily†. Use the author’s name in it. Some of the tips you could use are as follows- Feminist- Use words such as â€Å"depicts† ,† illustrates† â€Å" portrays† etc. Determine what it says about women in general. Determine how it portrays the main female character(s) in the selection; about her traits. What does the selection reveal about the author’s attitude towards women? What does the conflict, or the setting reveal about the condition of women? What is the main female character’s reaction to the situation/ conflict? Reader-Centered Use words / phrases such as â€Å"evokes feelings of†,† forces the readers to think†, â€Å"impresses upon the reader† etc. . Decide what the most striking feature of the story is. What distinguishes the author’s style from those of others? The subject, vocabulary used, sentence length, point of view, imagery, local color, use of dialect, tone and some other aspects can be considered to comment on his/ her style. Make connections between text to text, text to world, text to media. Write a thesis statement each as per the Feminist theory of Criticism and the Reader-Centered theory of Criticism based on â€Å"A Rose for Emily†. Use the author’s name in it. Some of the tips you could use are as follows- Feminist- Use words such as â€Å"depicts† ,† illustrates† â€Å" portrays† etc. Determine what it says about women in general. Determine how it portrays the main female character(s) in the selection; about her traits. What does the selection reveal about the author’s attitude towards women? What does the conflict, or the setting reveal about the condition of women? What is the main female character’s reaction to the situation/ conflict? Reader-Centered Use words / phrases such as â€Å"evokes feelings of†,† forces the readers to think†, â€Å"impresses upon the reader† etc.. Decide what the most striking feature of the story is. What distinguishes the author’s style from those of others? The subject, vocabulary used, sentence length, point of view, imagery, local color, use of dialect, tone and some other aspects can be considered to comment on his/ her style. Make connections between text to text, text to world, text to media. Write a thesis statement each as per the Feminist theory of Criticism and the Reader-Centered theory of Criticism based on â€Å"A Rose for Emily†. Use the author’s name in it. Some of the tips you could use are as follows- Feminist- Use words such as â€Å"depicts† ,† illustrates† â€Å" portrays† etc. Determine what it says about women in general. Determine how it portrays the main female character(s) in the selection; about her traits. What does the selection reveal about the author’s attitude towards women? What does the conflict, or the setting reveal about the condition of women? What is the main female character’s reaction to the situation/ conflict? Reader-Centered Use words / phrases such as â€Å"evokes feelings of†,† forces the readers to think†, â€Å"impresses upon the reader† etc.. Decide what the most striking feature of the story is. What distinguishes the author’s style from those of others? The subject, vocabulary used, sentence length, point of view, imagery, local color, use of dialect, tone and some other aspects can be considered to comment on his/ her style. Make connections between text to text, text to world, text to media.

Freudian and Jungian Literary Analysis: Under Milk Wood

Freudian and Jungian Literary Analysis: Under Milk Wood Exploration of dreams, symbols and archetypes in Dylan Thomas play for voices Under Milk Wood This paper seeks to assert that Dylan Thomas play Under Milk Wood can be successfully viewed using Freudian and Jungian psychoanalytic techniques. It will attempt to not only isolate and highlight many instances of typical psychical symbolism in the work but also what could be thought of as psychoanalytic mechanisms; especially as they relate to Freuds notions of the Dreamwork in his The Interpretation of Dreams (1997) or Jungs archetypes and collective unconscious. By doing this I hope to not only subject Thomas work to a rigorous psychoanalytical exegesis, uncovering hidden personal symbols, structures and images, but also highlight the psychosocial depth of Under Milk Wood; a depth that has hitherto been overlooked by some critics. Through this I hope to assess the notion that Thomas was every bit as influenced by Freud and Jung as James Joyce and Virginia Woolf were a generation before. I will begin, in my Introduction, to give an outline of the importance of Freud and psychoanalysis to post-World War One literature and what Dylan Thomas place within that was; paying particular attention to Thomas own assertions on the importance of psychoanalysis in his work and the ways that it was greeted by the literati of the 1930s and 40s. The first chapter will be dedicated to a discussion of Under Milk Wood and its creation, looking at such areas as plot construction, the structural nature of the piece and its creative aetiology. From here I will go on to discuss the notion of the Freudian dreamwork and its manifestations in Under Milk Wood. The dreamwork, exemplified by such concepts as condensation, displacement and secondary revision, is a central concept in the Freudian cannon and, as such, has become an important interpretive tool for both psychoanalysts and literary critics. It is with this in mind that I shall attempt to isolate instances of all four of the major mechanisms of the dreamwork in Thomas play whilst relating them to the wider issues of poetic creativity and narrative structure. I will also offer a brief discussion of how Jungs interpretation of dreams differed from Freuds before going on to examine how both can be used to inform us of Thomas play. The third chapter will be dedicated to Jungian archetypes. I will isolate and discuss the many instances of archetypal imagery in the play, paying special attention to the way in which they fit in with Thomas over all poetic sense as it is displayed in his use of language, narrative and plot. This chapter will also examine the role of the collective unconscious and relate it to the Modernist technique of the stream of consciousness novel and the works of James Joyce and Virginia Woolf. My conclusion will attempt to answer the main hypothesis of this paper, that indeed psychoanalytic techniques and knowledge can be used to understand Dylan Thomass play and also what that says about the playwrights role as a modern day bard. Introduction: â€Å"The Analytic Revelation† Thomas Manns paper â€Å"The Significance of Freud† published in 1936 gives us some indications as to the importance of early psychoanalysis on the literary life of Europe and America: â€Å"The analytic revelation is a revolutionary force. With it a blithe scepticism has come into the world, a mistrust that unmasks all the schemes and subterfuges of our own souls. Once roused and on alert, it cannot be put to sleep again. It infiltrates life, undermines its raw naà ¯vetà ©, takes from it the strain of its own ignorance†¦Ã¢â‚¬  (Mann, 1965: 591) As Malcolm Bradbury and James McFarlane assert in their study Modernism: A Guide to European Literature 1890-1930 (1991), this â€Å"revolutionary force† was a large constituent of early twentieth century notions of, not only Modernism in literature and the arts but also, what it meant to be a modern man or woman. The early Modernist writers of the inter-war period not only embraced Freud and psychoanalysis as heralding a new paradigm of self-sufficiency and ontological autonomy but also, as a journal entry by Andre Gide exposes, thought themselves part of an existing groundswell of thought that was, above all, quintessentially new: â€Å"Freud†¦Freudianism†¦For the last ten years, or fifteen, I have been indulging in it without knowing.† (Gide, 1967: 349) The connection between psychoanalysis and literature has always been problematic. Freud, himself asserts in the opening paragraphs to his essay â€Å"The Uncanny† (2005) that â€Å"only rarely (does) a psycho-analyst (feel) impelled to investigate the subject of aesthetics† (Freud, 2000: 1), however writers, critics and even Freud himself have made extensive use of the interpretive similarities between the two disciplines . Not only are there are a whole host of studies devoted to the use of psychoanalysis in literary criticism but in the Introduction to his novel The White Hotel (1999), D.M. Thomas draws attention to the extraordinarily literary quality of Fr euds case studies; each containing many of the tropes and leitmotifs one would normally associate with a creative work. For Freud, the psychical mechanisms of creative writing and dreaming are in, some senses at least, inextricably linked. Both are based in a tripartite system of ideational fantasy formation consisting of: a current situational issue or concern that provokes the memory of a childhood incident or trauma which, in turn, shapes some future action in the guise of a wish fulfilment. Freud sets out the relationship between this system and literature in his essay â€Å"Creative Writers and Day Dreaming† (Freud, 1986): â€Å"We are perfectly aware that very many imaginative writings are far removed from the model of the naà ¯ve daydream; and yet I cannot suppress the suspicions that even the most extreme deviations from that model could be linked with it through an uninterrupted series of transitional cases.† (Freud, 1986: 150) Freud continues to explain the disparity between the mind of the creative writer and the ordinary day-dreamer, asserting that whereas the latter results in a self-conscious repression of desire (the wishes of the day-dreamer being best left unspoken) the former revels in and promulgates such desire, translated as it is by artistic skill and temperament: â€Å"The writer softens the character of his egoistic day-dreams by altering and disguising it, and he bribes us by the purely formal – that is aesthetic – yield of pleasure which he offers us in the presentation of his phantasies.† (Freud, 1986: 153) This essay, perhaps more than any other work of Freuds, highlights for us the attraction of psychoanalysis to early twentieth century writers. Metaphysically and spiritually sceptical after the mass slaughter of the First World War and the alienation engendered by rise of the industrial paradigm, Freudian theory offered (as testified by Manns essay) a distinctly human, non-metaphysical and wholly scientific explanation for the place of the artist within society. For Freud, the artist was distinct from the rest of the populous but this had a purely psychical aetiology, leaving no imperative for notions of religious or supra-human inspiration. This is undoubtedly some of the attraction of Freudianism for Dylan Thomas who, throughout his letters and early work makes both use and reference to writers and critics that were, themselves, heavily influenced by Freud and psychoanalysis. Francis Scarfe, in the essay â€Å"Dylan Thomas: A Pioneer† (1960) cites Freud as a major influence on the formation of Thomas early poetic voice, derived in the main from his experiences with what Scarfe calls â€Å"Sitwellism† (Scarfe, 1960: 96): â€Å"The dominant points of contact seems to be James Joyce, the Bible and Freud. The personal habits of language and mythology of Dylan Thomas can readily be identified through these three sources.† (Scarfe, 1960: 96) If Joyce lent the young poet some of the lyricism and sense of narrative and the Bible some of the rich cadence and verbal poetics, Freud enabled Thomas to look within his own unconscious and find images and leitmotifs that would find resonance with the rest of humanity as, firstly, personal then increasingly Bardic and archetypal symbols formed the basis of his work. An early poem of Thomas clearly mirrors the hyperbole of Freuds first lectures on psychoanalysis; the poet and the analyst both evoking the image of the journey into an unknown by an antonymous but courageous individual: â€Å"The midnight road, though young man tread unknowking. Harbouring some thought of heaven, or haven hoping. Yields peace and plenty at the end. â€Å" (Thomas, 1990: 119) We can compare this to Freuds famous analogy that is evoked throughout his work: â€Å"The interpretation of dreams is in fact the royal road to a knowledge of the unconscious; it is the securest foundation of psycho-analysis and the field in which evey worker must acquire his convictions and seek his training. If I am asked how one can become a psycho-analyst, I reply: â€Å"By studying ones own dreams†Ã¢â‚¬  (Freud, 1957: 60) Interestingly, Thomas himself was reluctant to acknowledge his debt to Freud, choosing instead to suggest a notion that we have already posited here; that Freuds influence is paradigmatic. He says in the collection of interviews â€Å"Notes on the Art of Poetry† (1963) that his writing is influenced by Freud only through the work others , itself a testament to the extent that Freudian theory and, indeed, the whole of psychoanalytic thought has permeated the very fabric of modern literature. Thomas notebooks poems, his earliest poetic statements, are suffused with what we shall see are Freudian images, inspired perhaps not by psychoanalysis itself but by the poets interest in Surrealism and their early antecedents the 18th century Metaphysical poets. Works such as: â€Å"Where once the waters of your face Spun to my screws, your dry ghost blows, The dead turns up its eye†¦Ã¢â‚¬  (Thomas, 1990: 217) And â€Å"In wasting one drop from the hearts honey cells. One precious drop that, for the moment, quells Desires pain†¦Ã¢â‚¬  (Thomas, 1990: 133) Clearly reflect the artistic tenants set out in Bretons Manifestoes of Surrealism (1972) that sought to combine Freudian concepts of the dreamwork with aesthetic creation . As we shall see in the first chapter of this paper, this delight in the surreal as it relates to the Freudian image remained with Thomas throughout all of his working life and, most certainly, manifests itself in Under Milk Wood. The analytic revelations then, of Freud , have not only influenced those writers such as Breton, Auden and Woolf who are were intimately acquainted with his writing but also writers like Dylan Thomas who, by his own admission, came to psychoanalysis through other creative writers works. This paper, like many others, uses psychoanalytic theory as a methodology with which to uncover latent symbols, patterns and structures within Thomas work. It will not only relate such symbols to the poets own poetic vision but will, through Jungian theory, expand these so that they encompass universal archetypes and concepts such as the collective unconscious that structures the unconscious and, inevitably finds its way into works of a creative nature . Chapter One: â€Å"To Begin at the Beginning† Dylan Thomas play for voices Under Milk Wood began life as a small radio broadcast Quiet Early One Morning (Sinclair, 1975, Jones, 1963) and this short piece is easily recognisable as the genesis for the larger work. There are, for instance, many of the same basic characters – the milkman â€Å"still lost in the clangour and music of Welsh-spoken dreams† (Thomas, 1992), the sea captain, the lonely lady â€Å"Miss May Hughes† and even the tragic-comic Mrs Ogmore Pritchard. There is the same sense of poetic cadence that constantly adds to the somatic quality of the writing, lulling the reader into a musical trance as sibilance and assonance is combined with Thomas particular inner rhythms, such as in this extract: â€Å"The sun lit the sea-town, not as a whole, from topmost down reproving zinc-roofed chapel to empty-but-for-rats-and-whispers grey warehouse on the harbour, but in separate bright pieces.† (Thomas, 1978: 15) The story, recited by Thomas himself in 1944 on the BBC, describes the still sleeping town of New Quay in Cardiganshire (Maud, 1992) and weaves external description with internal monologue as the narrator flits in and out of the dreaming consciousnesses of the towns inhabitants. In the story, each paragraph brings a new image or a new perspective but what we are ultimately presented with is the stream of consciousness of the narrator; in the story, unlike in Under Milk Wood, an impersonal but altogether discernable â€Å"I†: â€Å"Quite early one morning in the winter in Wales, by the sea that was lying down still and green as grass after a night of tar-black howling and rolling, I went out of the house, where I had come to stay for a cold unseasonable holiday†¦Ã¢â‚¬  Thomas, 1978: 15) It is this point, this appearance of the personal pronoun that, as we shall see, makes Quite Early One Morning markedly different to Under Milk Wood. Thomas, however, retains the sense of dreamy absurdity, as images are juxtaposed for comic effect amid the repeated refrain of â€Å"The town was not yet awake†. Under Milk Wood grew out of this humble beginning and is both markedly similar and surprisingly different . Both works reflect, as Derek Stanford (1954) suggests, the cadences, characterisation and plot construction of Joyces Ulysses (1979), being as they are the collective narratives of a whole town in the same time period. Both works, however, are also embryonic, Quite Early One Morning obviously being a blueprint for Under Milk Wood but this also being merely a fragmentary snapshot of a larger planned work that was never finished (Jones, 1986: ix). Under Milk Wood also resembles the cyclical structure of Joyces other great work Finnegans Wake (1992). Thomas play abounds with references to beginnings and commencements; we have, for instance, the famous first lines: â€Å"To begin at the beginning: It is Spring, moonless night in the small town, starless And bible-black†¦Ã¢â‚¬  (Thomas, 2000: 1) That not only evokes the biblical â€Å"In the beginning God created the heaven and the earth† (Gen, 1:1) but also the creational sense of Joyces reference to the beginnings of mankind in the opening lines of his novel: â€Å"riverrun, past Eve and Adams, from swerve of shore to bend of bay, brings us by a commodius vicus of recirculation back to Howth castle and Environs.† (Joyce, 1992: 3) In Under Milk Wood, the cyclical nature of the day is metonymous with the seasonal nature of the year and this with the life of a human being as Thomas juxtaposes images of beginnings, babies and births with ageing, infirmity and death; as in this passage: â€Å"All over town, babies and old men are cleaned and put into their broken prams and wheeled on to the sunlit cockled cobbles or out into the backyards under the dancing underclothes, and left. A baby cries.† (Thomas, 2000: 27) As we shall see, this notion of the circle, of repeating is important to both Freud and Jung; Freud through his insistence on the importance of the return in notions such as repression and the death drive and Jung, through his concept of the mandala as a recurring symbol. Like Joyce, Thomas displays circles within circles, as the plot and structure of the work as a whole mirrors the framework of the characters lives and psyches. We see this reflected in many of the plays most successful characters, witness for instance the constant iteration of Mrs Ogmore Pritchard, as she repeats her life over and over again with different husbands, only to have them revisit her after their deaths: â€Å"Mr Ogmore, linoleum, retired, and Mr Pritchard, failed bookmaker, who maddened by besoming, swabbing and scrubbing, the voice of the vacuum cleaner and the fume of the polish, ironically swallowed disinfectant, fidgets in her rinsed sleep, wakes in a dream and nudges in the ribs dead Mr Ogmore, dead Mr Pritchard, ghostly on either side.† (Thomas, 2000: 10) The same can be said, of course, for Captain Cat, whose dreams and waking life are characterised not by the dead per se, but by their return as he witnesses the phantasmatic manifestations of either his repression or the collective unconscious (whether one is citing Freud or Jung). The sense, in Under Milk Wood, is that of a blithe acceptance of the passing of time and the knowledge that things return; the sunrise, the Spring and the dead. This is reflected in many of Thomas poems, for instance in the closing lines of â€Å"I See the Boys of Summer†: â€Å"I am the man your father was. We are the sons of flint and pitch. Oh see the poles are kissing as they cross!† (Thomas, 1990: 219) In this, also, as Karl Jay Shapiro asserts in his study In Defense of Ignorance (1960), Thomas work clearly reflects what was a seminal poem for the young poets generation W.B. Yeats â€Å"The Second Coming† (1987) which contains images of both beginnings and circles within circles. In the next chapter I will look at how these aspects of Under Milk Wood can be interpreted through the psychoanalytical work of Freud and Jung, paying attention specifically to their concepts of dreams and dreaming; again another leitmotif of Thomas play that can be seen to come from Joyces Finnegans Wake. Chapter Two: The Dreamwork, the Symbol and Captain Cat Freud On Dreams As Richard Wollheim suggests, Freuds theories on dreams are the â€Å"most remarkable single element† (Wollheim, 1971: 66) of his psychoanalytical project and Freud himself in his essay â€Å"On Dreams† (1991) stresses the primacy of dream interpretation in his system: â€Å"The transformation of the latent dream-thoughts into the manifest dream-content deserves all out attention, since it is the first instance known to us of psychical material being changed over from one mode of expression to another.† (Freud, 1991: 89) For Freud, dreams serve as symptoms of unconscious repression in the same way as parapraxes (slips of the tongue) and instances of forgetfulness. The content of dreams can, he said, be split into the latent and the manifest; the one providing a shield for the other as the Unconscious gives up its fissures and problems that have been repressed by the Ego during waking hours. Freuds work The Interpretation of Dreams attempts to provide a full scale, largely scientific study of not merely the symbolism of dreams but also their mechanism; a mechanism that he termed the ‘dreamwork. The dreamwork can be thought of as a process (Wollheim, 1971) that transcribes the latent content of dreams into the language of the manifest. Freud is clear in The Interpretation of Dreams that psychoanalysis does not deal with the simple ‘translation of images or primitive notions of symbol exchange that sees dreams as merely scripts that can be easily interpreted using a universal dictionary, although he does acquiesce to the point that some symbols recur on a universal level. Instead, Freud sees dreams as the return of repressed desires and their attendant wishes that find a voice in the psychical economy through a process of disguise. The desire, as Richard Stevens (1983) suggests, â€Å"will be fused with experiences and thoughts from the previous day or even events occurring during the course of the night† (Stevens, 1983: 30). The dreamwork, in the Freudian system, is both the mechanism of disguise and the tool of interpretation because it contains an internal logic that can be used by the analyst to trace the source of repression and, through the process of transference, brought into the conscious and rendered harmless (Freud, 1997). Perhaps the most important concept within The Interpretation of Dreams is the four-fold dreamwork mechanism that can be used, not only in dream interpretation but as we shall see, in the critical appreciation of literature. Freud termed these mechanisms condensation, displacement, representation and secondary revision and before I go to look at how each one fits into Under Milk Wood specifically I would like to, briefly, offer up an explanation as to how each effects the manifest dream-content and ergo the literary image or trope. Condensation This is, perhaps, the most common dream feature and is what gives dreams their sparse, confusing quality. For Freud, dream-thoughts are many and varied, each bombarding the dreamwork simultaneously: â€Å"The dream is meagre, paltry and laconic in comparison with the range and copiousness of the dream-thoughts. The dream, when written down fills half a page; the analysis, which contains the dream-thoughts requires six, eight, twelve times as much space.† (Freud, 1997: 170) Condensation manifests itself as images laden with meaning, as the unconscious overlays and condenses two or more dream-thoughts into one motif. Part of the skill of the analyst according to Freud is the extent that such condensation can be unravelled and successive layers of unconscious meaning and repression peeled back and revealed (Freud, 1965: 313). Whereas Freud was dubious as to the possibility of ever reaching a definitive dream interpretation because of the very nature of condensation, he also asserted that the ways in which dream-thoughts are condensed gives the analyst a clue as to their psychical meaning. Freud cites his own dream of the Botanical Monograph as an example of the way in which different dream-thoughts can be condensed into one dream-image; the latent meaning only becoming apparent when this relationship is exposed . Displacement Displacement refers to the substituting of elements within dreams. Due to the nature of the unconscious, elements and images that have a similar psychical economy invariably end up being displaced, one for the other. In The Interpretation of Dreams Freud characterises displacement as constituting a de-centring of the dream-thoughts: â€Å"We may have noticed that these elements which obtrude themselves in the dream-content as its essential components do not by any means play this same part in the dream-thoughts.† ( Freud, 1997: 190) Displacement, like condensation, arises from the synchronous nature of the unconscious and manifests itself in two ways; firstly, through the substituting of dream-thoughts, so that dreams can appear absurd and illogical and, secondly through shifting meanings – an image may possess one meaning in one nights dream and another on a different night. Melanie Klein, for instance, in her essay â€Å"Psychological Principles of Early Analysis† (1991) offers us some interesting insights into how displacement works in something other than the dream; the child at play. â€Å"My analyses again and again reveal how many different things, dolls for example, can mean in play. Sometimes they stand for the penis, sometimes for the child stolen from the mother, sometimes for the little patient itself etc.† (Klein, 1991: 134) Both condensation and displacement have been used as the basis for theories of Surrealist aesthetics, as Carrouges and Prendergast assert in their study Andre Breton and the Basic Concepts of Surrealism (1974: 192) which uses seemingly disparate images juxtaposed in order to create an illogical, dream-like tableaux. Representation Representation refers to the dreamworks tendency to present feelings, repressions and notions as images and symbols. Unlike many pre-Freudian systems of dream interpretation such symbolisation is centred, to a very large extent, around the dreamers own personal history and psychology. However as I have already stated there are, due to the inter-subjective nature of the psyche, recurring symbols and motifs that can be found in a great many peoples dreams. Richard Stevens in his Freud and Psychoanalysis (1983) mentions just a few of them: â€Å"small boxes, chests, cupboards and ovens correspond to the female organ; also cavities, ships and all kinds of vessels. The actions of climbing ladders, stairs, inclines or flying may be used to symbolise sexual intercourse; having a haircut, tooth pulled or being beheaded, castration.† (Stevens, 1983: 33) Secondary Revision Secondary revision refers to the mental processes that occur after the dreamer awakes and that organises and places the otherwise absurd and disparate images and themes into a, relatively, cohesive narrative. Wollheim points to there being doubt in Freuds later work as to the place of secondary revision within the dreamwork (Wollhein, 1971: 69) but, as a concept, it has been important in many neo-Freudian systems of aesthetics especially, as Charles Altman points out in his essay â€Å"Psychoanalysis and Cinema† (1986: 526), by the French school of film critics who saw it as, not so much an integral part of the dreamwork, but as the main constituent in narrative formation and the audience/film dialectic. Jung On Dreams Dreams play as important a role in the work of Carl Jung as Sigmund Freud (Fordham, 1964) however the former not only sees their place in the psychical economy differently but has, as he explains in Man and his Symbols (1964), created an entirely separate process of interpretation and translation. Jung disagreed with Freuds notion of the dreamwork and his method of free association whereby the analysand recalls a dream and lets their mind wander through the myriad of different unconscious connections only to be unravelled and assessed by the analyst. For Jung, this process is likely to uncover neuroses and repression but is unlikely to uncover them connected with the dream. For Jung, the further away from the central motifs of the dream-image one gets the further away one travels from the locus of their meaning. Therefore, under a Jungian system, dreams consist not of personal motifs of repression returning through the dreamwork but as expressions of either the personal or collective unconscious. The method of extracting the meaning from dreams is centred around the correct reading of such symbols and an evaluation of how they relate to either the dreamers personal or their phyllogenetic background, as Jung himself asserts: â€Å"Dreams are impartial, spontaneous products of the unconscious psyche, outside the control of the will. They are pure nature, they show us unvarnished, natural truth, and are therefore fitted, as nothing else is, to give us back an attitude that accords with our basic human nature.† (Jung, 1989: 55) Jung viewed the waking, conscious perceptions as having a penumbra of associated psychical meanings (Jung, 1964: 28), even the very simplest of actions, for instance seeing or hearing, can involve a gamut of other ideational and experiential relations and it is this that we witness in dreams; the whole of our unconscious unfettered by the ordering, the siphoning and the categorisation of the conscious mind. For Jung, then, the absurd quality of dreams, their surreal nature comes not from intervention of the dreamwork but from the cultural and personal associations attached to perceptions and experiences. Thomas On Dreams Both Freuds and Jungs systems of dream interpretation offer us important critical tools with which to view Dylan Thomas Under Milk Wood both in terms of the images and symbols the playwright uses in order to convey the sense of the somatic and the dream-like and his use of surrealism as a semi-comic trope throughout the piece. The play begins in the collective dream of the town. Just like the short story Quite Early One Morning, the audience is taken on a journey through the consciousnesses of the sleeping townsfolk as they dream their separate dreams, shaped (as both Freud and Jung assert) by their individual consciousnesses and personalities. Captain Cat, for example, experiences the return of the repressed guilt he feels towards his long dead shipmates: â€Å"Captain Cat, the retired blind sea-captain, asleep in his bunk in the seashelled, ship-in-bottled, shipshape best cabin of Schooner House dreams of Second Voice: never such seas as any that swamped the decks of the S.S. Kidwelly bellying over bedclothes and jellyfish-slippery sucking him down salt deep into the Davy dark† (Thomas, 2000: 2) Thomas, here, reflects both Freudian and Jungian dream analysis as Captain Cats dreams abound with symbols of his past and are unmistakably suffuse with the characters own visual lexicon, what Jung calls the â€Å"dream language† (Jung, 1986: 33). The same can be said of Dai Bread who dreams of â€Å"harems†, Polly Garter who dreams of â€Å"babies† and even Nogood Boyo who dreams of â€Å"nothing†. However, within the very text of Under Milk Wood we notice each one of the four elements of the Freudian dreamwork. The dense language is a clear instance of condensation: the vital elements of the imagistic leitmotifs are extracted and pile one on top of another, as adjective combines with adjective to form the quintessentially Thomasian poetics, such as here where the playwright draws a finely tuned portrait of Mrs Dai Bread One, the wife of the baker: â€Å"Me, Mrs Dai Bread One, capped and shawled and no old corset, nice to be comfy, nice to be nice, clogging on the cobbles to stir up a neighbour. Oh, Mrs Sarah, can you spare a loaf, love? Dai Bread forgot the bread. Theres a lovely morning! Hows your boils this morning?† (Thomas, 2000: 22) Thomas both describes the sense of a dream here and, through condensation, utilizes its mechanism. Words and phrases are juxtaposed and their meaning condensed in a way that mirrors almost exactly the workings of Freuds dreamwork. We see this reflected many times throughout the narrative of Under Milk Wood, as the author evokes in a linguistic sense what Freud saw in a psychoanalytic sense. We see, for example a clear literary rendering of displacement in the absurd portrait of Cherry Owen as described by the Second Voice: â€Å"Cherry Owen, next door, lifts a tankard to his lips but nothing flows out of it. He shakes the tankard. It turns into a fish. He drinks the fish.† (Thomas, 2000: 13) Here the incongruous image of a fish replaces or displaces the tankard that Cherry Owen drinks from adding to the dreamy quality of the early passages of the play. As a cultural symbol, the fish also mirrors the third of the Freudian mechanisms, representation, whereby a linguistic notion â€Å"He drinks like a fish† is rendered in a quasi-comic symbolic form. Of course, the ultimate use of dreams and dreaming in Under Milk Wood is the plot itself. Both Freud and Jung rely heavily on the concept of the return within their respective dream philosophies (Stevens, 1983; Fordham, 1964) and this is reflected in the very structure of the play that could, after all, be thought of as merely the manifest dream-content of the First Voice, or perhaps even Thomas himself. Like a dream, the text iterates, as we shall see in the next chapter, the same basic images and archetypes; the symbols are at once full of meaning in themselves and signifiers for other things. The First Voice can be seen as the voice of God but also of secondary revision, knitting disparate elements together to form a narrative that can be followed and engaged with. As the characters awake, their lives, as they are described by the First and Second voice, are shown to be no less absurd than the irrationality of their dreams. This is perhaps because the entire play can itself be seen as a dream of the authors in which he creates, as he states in a letter to A.G. Prys Jones, â€Å"a never-never Wales† (Thomas, 1985: 848) that, like its Peter Pan counterpart, is as much a manifest wish of its author as anything else. Chapter Three: The Shadow, T Kelloggs Business Strategy: Success Factors and Barriers Kelloggs Business Strategy: Success Factors and Barriers Introduction: The importance of customers and their value plays a major role and cannot be neglected by the companies in todays business world. The implementation of different new strategies and marketing plans will not help if the companies do not pay attention to the customers. Any companys marketing plan agenda should and will always include customers. Customer focus and retention is a powerful strategic advantage that helps to increase the profitability of the company and to survive in the high competitive environment. The different consumers across the world might lead to varying consumer behaviours which result in identifying varying concepts by decision making units to sell the products. In a company like Kelloggs the purchasing process is dependant on consumer behaviour. The buying pattern of the consumers has an influence on directly related phenomena as well as post marketing phenomena. Kelloggs has seen a downfall in sales in the past decade and still continues to see. There is a huge discussion in the EU market about the food nutrition and labelling and the negative media image produced about the products of the company. The Kelloggs products are criticised by food standard agency (FSA) as red products and junk food. They said that the company is trying to show their products healthier than they actually are. These statements and actions of FSA has not only affected the overall business and its image but also the consumer attitude towards the products. This report talks about how Kelloggs can resolve the issue by using marketing research and customer focused strategy. Company Profile: Kelloggs is the worlds largest cereal maker since 1906 and is located in the United States. Kelloggs products has become a part of the delicious mornings for the people around the world since a century. Its business is operated in two segments: Kelloggs North America and Kelloggs International. 66% of the revenue to the company comes from North America region which consists of the Canada and the United States. The remaining 34% comes from the Kelloggs international market which consists of Europe (20%), Latin America (8%) and Asia Pacific (6%). The products vary from ready-to-eat cereals to convenience foods such as cereal bars, cookies, toaster pastries, crackers, frozen waffles, snacks and veggie foods. Obesity and Health Wellness is the primary concern for people in the world today. Kelloggs has invested on this trend by introducing many health focused products like Kelloggs ®, Pop-Tarts ®, Cheez-It ®, Mini-Wheats ®, Nutri-Grain ®, Rice Krispies ®, Keebler ®, Specia l K ®, Chips Deluxe ®, Famous Amos ®, Morningstar Farm ®, Sandies ®, Eggo ®, Austin ®, Club ®, Murray ®, Kashi ®, Bear Naked ®, Gardenburger ®,All-Bran ®,and Stretch Island ®. The demand for its products came from the continuous advertising since 1906. The main competitors are General foods, Quaker Oats, General Mills and Ralston-Purina. It started out in Battle Creek, Michigan with 44 employees which eventually has grown into a multinational company with 30,000 employees. The manufacturing of its products is taking place in 18 countries and selling them over 180 countries successfully with the implementation of intelligent strategies and leadership. Key Success Factors: The main key factors for Kelloggs Success are it perceived to have a healthy image when compared to other daily breakfasts and snacks like chocolates and crisps. They made the products convenient enough so that they can be carried anywhere easily. They offer a range of cereal bars which are quite useful for people on the morning rush. Few Kelloggs products are really versatile as moms can give them as a snack between breakfast and lunch to their kids. Sodium content in the food is a major issue that the company has to deal with. Kelloggs are trying to develop products with less salt content and including more amount of fruits in the bars and cereals for people with health concerns. They have created a high level of brand awareness in the people which allowed them to win the customer loyalty. They have designed various products since a century for all age groups from childrens to adults. Innovation has influenced Kelloggs market to a greater extent. Introducing new products according to the changing markets and tastes of people from time to time has made Kelloggs to win the customers. They offered the products at a lower price which made an average household to afford, hence retaining the customers at large. Kelloggs market its products itself. It do not manufacture cereals for any other company who sells them under their own brand. All these factors added for the company to run successfully and become the world market leaders in the highly competitive market. Strategy: Kelloggs aim was to be the food company of choice and also make customers understand the importance of a balanced lifestyle which can be achieved by their products. The mission is to drive sustainable growth through the power of the people and brands by better serving the needs of customers, consumers and communities. Based on their vision and mission they crafted their strategy to achieve aims and objectives with the power of position and brand image. Kelloggs targeted various groups of people and deigned the products accordingly to attract their mind sets. Balanced Lifestyle is the broad strategic objective of the company. It implemented these strategies by some tactical plans like supporting the physical activity among all age groups and to sponsor these activities with the use of companies resources, the communication of the balance diet to consumers using the cereal packs, and also introduction of food labelling which would allow consumers to understand the balanced diet content of their products. Kelloggs has introduced the recommended Guideline Daily Amounts (GDA) to their packaging labels. This allowed the customer to have a knowledge of the amount of nutrients in take in a serving of Kelloggs food. Their strategy is to attract customers by encouraging them to take part in the swimming programs organised by the company in relationship with the Amateur Swimming association (ASA). Kelloggs has sponsored almost 1.8 million awards every year to the swimmers. This idea of teaming up with ASA has helped the company to reinforce its brand image. It also has started many community programs and breakfast clubs to create awareness of their products in people. By all these activities it shows that the company is trying to create a good CSR image in the industry. Kelloggs believed that if consumers are given proper information about their products, they can retain them. So, they chose various methods to communicate their objectives to the world such as using cartoo n characters, and also through effective advertising. It also distributed nutrition magazines for the employees to make them better understand about the objectives. Solution: In a major business study about Kelloggs, it is seen that their consumers buying behaviour is mostly dependant on the companys focus towards customers and how well they treat them rather than manufacturing, pricing or merchandising of the products. Consumers tend to purchase the products which are more healthy. Hence they want to know all the available information about the products they want to buy or consume. The products information, beliefs, intentions and attitudes of the customers influence the decision process. So Kelloggs has to perform a market research on whether the consumers buy their products based on the label information or not. The visual inspection of the product or the experience of purchasing the product play a major role in the decision making of the consumer. Advertising and promotion of the product might as well have a greater impact on the buying pattern. It is difficult enough to understand the consumer behaviour within the borders of a single country. Underst anding and serving the needs of consumers from different countries can be daunting. The values, behaviours and attitudes of the consumers vary greatly across the world. Kelloggs must design the marketing programs and products according to the peoples needs. For example, in the United Kingdom where most people eat cereal regularly for their breakfast, Kelloggs should try persuading consumers to buy their brand rather than a competitors brand. In France, however where most people prefer croissants and coffee or no breakfast at all, it should advertise to convince people to eat cereal for breakfast and in India, where many consumers eat heavy fried breakfasts and skip meal all together, the company should make attempts to convince the buyers to shift to a lighter, more nutritious breakfast diet. To cover up the damage caused due to the labelling issue by FSA, Kelloggs Should determine the customers needs and convert them into requirements. In order to fulfil them, it should fully understand the current and future needs of the customers, identify the customers, determine their key product characteristics, identify and assess market competition, identify opportunities and weakness, define financial and future competitive advantages, ensure that it has sufficient knowledge about the regulatory requirements, identify the benefits to be achieved from exceeding compliance and also identify their role in the protection of community interests. Kelloggs can start launching some new products aimed at the health conscious consumers. They can start selling them for a lowest price in the market and satisfy them with a good value products for every penny they spend. They can concentrate more on three groups of people like individuals, families and supermarkets who wanted to have a healthy diet. They can focus more on health conscious people from age group from 25-50 by promising them healthy diet with their products. By the introduction of these products in the market they can show the customers that Kelloggs is being paid attention to what they want and how important their health is to the company. They can start collecting information from consumers and people by conducting surveys about what kind of products they are actually looking for and based on that they can prepare them and position them to win the competitive advantage. So the only mantra to attract the customers again and to cover up the loss created by FSA is obsessive customer attention. Even though making health conscious customers happy might affect the short term profits, yet it helps to acquire a loyal customer base which pays off in the future. Making these products available at all consumer stores and super markets at a lower retail price might assist in building up the brand image yet again. Adv ertisements play a crucial role in winning the brand image and loyalty of the customers. If the company tries to create an awareness about the product and the low price buying strategy, it would encourage the consumers to buy them that results in the greater sales of the product. Potential advantages by focusing on customers: Awareness of changing dynamics of the consumer market will definitely help Kelloggs to gain a competitive edge in the cereal industry. The increasing trend of health consciousness and the changing tastes can be known time to time by extensive market research. The feed back from consumers and the surveys conducted will allow the company to learn about their drawbacks and work up on them. It enables the business to minimize price sensitivity, improve profitability, differentiate itself from the competition, improve its image in the eyes of customer, achieve a maximum number of advocates for the company, increases customer satisfaction and retention, enhance its reputation, improve staff morale, ensure products and services are delivered right first time, increase employee satisfaction and retention, encourage employee participation, increase productivity and reduce costs, create a reputation for being caring customer-oriented company, foster internal customer / supply relationships and also bring about continuous improvements to the operation of the company. Barriers to overcome: For Kelloggs to win back its brand and image customer loyalty and becoming customer focused organisation there are some barriers to overcome Internal Focus: Rather than focusing on improving the output measures like revenue, cost and returns, the firm should pay attention to input measures like staff satisfaction and customer experience. Command and Control Culture: A command and control culture in the organisation creates internal conflicts, poor communication and mistrust. This constrains the freedom of building customer relationships and also the exchange of knowledge for better growth of the company. Short Term Approach: The company should not tend to fall back to the product-thinking strategy, instead it should hold on to the customer focus strategy and treat it as a long term initiative which might help acquire customer loyalty and retention to the firm. Inadequate Customer Data: With small volumes of customer data it is difficult to analyse customers behaviour and manage relationships. So, they should always make sure that adequate amount of data is available on the customers to understand the buying behaviour patterns. Understanding the customers: Though the company has gathered enough information, it is sometimes difficult to harness it. So it should try understanding the attitudes and beliefs of the customer. Conclusion: Labelling on food products plays a major role in the decision making process of a consumer. The buying behaviour of consumers is richly embroidered by the labels available on the product. In the Kelloggs case labelling issues created a damage to the company. The best way for Kelloggs to recover from this situation is to use the launch of the new products as a strategic technique to win back the customers it has lost. The glue that hold the organisation together is strong customer focus. It acts as a fuel for an improving the brand image of the company. Every employee should be committed and dedicated towards their work in order to build a customer focused organisation. If Business neglects to create a true customer focus, they need to face huge unnecessary costs for poor service raised due to the active promotion of the customers who are dissatisfied. This might result in investing extensively in marketing and advertising by the company to gain back the customers attention. The life blood of the organisation are the customers who allows the firm to realise their main goals and objectives to survive in the market and also to make a profit. Their behaviour helps the products to attain a recognition and allow them to last for longer periods. Consumer behaviours keep changing from time to time and the best thing the company could do is to develop strategic ways that make the consumers buy the products may it be old or new. So, customer focused strategy is the only thing which keeps the companies alive and growing in this highly changing competitive market.

Religion and the Media Essay -- Papers

Religion and the Media In the world we live in today people have revolutionized the image of religion, so that it is now regarded as a pastime instead of it solely being about God. In today's world media has evolved to be much more powerful than religion, and therefore some say that media is taken more seriously. After observation of the TV channels broadcasting specific religious programmes, I saw that all terrestrial TV channels had at least one hour a week of religious programmes. The government issues the license enabling TV companies to broadcast, and has a significant role in deciding on what has to be shown. In each TV channels broadcasting charter it is stated that they must "provide an average of at least two hours a week of religious programmes." This means that if a TV channel does not show this minimum amount their license could be evoked. It is very obvious why the government is concerned about religion in the UK since only 48 per cent of UK residents claim to belong to a religion, compared to 89 per cent in the United States and 92 per cent in Italy. Also two-thirds of 18-24 year olds in the UK, say that they have no religious affiliation compared to just a quarter in Spain. Nearly all religious programmes are aired at non-prime time slots, with the exception only being Songs of Praise on Sundays from 17.45-18.15. This suggests that the TV companies see broadcasting religious programmes as something they must to do, and not something they wish to do. We see further evidence of this by Reverend Ernest Rea words, who was the head of religion and ethics at the BBC. Revd Ernest Rea explains that "religion is... ...e put more thought on deciding how to end this moral issue, so there is a fair equilibrium on what the Soap represents. I am not suggesting that they should exalt religion and not take into consideration the moral side of things, but what I am saying is that there has to be a fine balance. Christians believe that life is sacred and that no one has the right to take away this gift that God has given us. The sanctity of life is first described in Genesis 1:27 "So God created man in His own image; in the image of God He created him; male and female He created them". From this biblical quote we can conclude that if God has created us in the image of Himself, then therefore each human exists as an expression of God and his character. Then this would surely mean that human beings cannot destroy this sacred image in anyway.

Analysis of Techno-terrorism :: Exploratory Essays Research Papers

Techno-terrorism and the Future of Civilization      Ã‚  Ã‚   "Modern terrorism, with sophisticated technological means at its disposal and the future possibility of access to biological and nuclear weapons, presents a clear and present danger to the very existence of civilization itself"--Justice Arthur J. Goldberg. Mr. Goldberg's statement expresses a valid concern that has become an alarming reality. As terrorists trade pistols for airplanes and pipe bombs for nuclear explosives, technology is rapidly increasing the power, range, and effectiveness of attacks that terrorists are able to execute.    We should expect that terrorist attacks will become even more lethal for a few reasons. First, the terrorists themselves are becoming more technologically adept. Second, governments such as Iraq and Syria are providing the wherewithal for attacks against new and more sophisticated targets. Third, religious radicals are establishing new boundaries for mass violence beyond what had been previously anticipated. Finally, the threshold for new forms of attack has already been breached--such as the attacks on technological infrastructure and poisonings of municipal water supplies. Techno-terrorism is the topic of discussion for this paper, however, it is also a topic for legislators, governments, communities, and families to evaluate when molding the world of tomorrow. The purpose of this paper is to examine terrorist ideology and to explore the technology of terrorism and what impact it may have for the future of civilization.    In order to better understand terrorism and the effect that technology may have, one needs to be cognizant of the different elements of terrorism. One dimension to start with is the general strategies of terrorism--how are terrorists trying to accomplish their goals. Tactics--a related component to strategies--stands out as the essence to terrorism. Other elements that will be covered include personal weapons and technological improvements that serve as an added bonus to personal weapons. Lastly, the latest, and most noxious, phenomenon of terrorism is mass destruction--the use of explosives and nuclear warfare.    When I mentioned general strategies of terrorism, I mean that general themes and patterns or lack thereof will be discussed. The summation of the following points explain the focus of terrorism on a unbiased scale. The first of five major themes is the idea that the terrorist act must always have a victim--someone or something harmed by the act--in order for the act to be utilitarian. Second, there are no real targets in which an enemy or adversary is terminated, only symbolic targets.

market trends :: essays research papers

GDP and Market Trends   Ã‚  Ã‚  Ã‚  Ã‚  The current prospects of the gross domestic product are encouraging. GDP is on the rise at a staggering rate. As stated by the commerce department â€Å"economic growth surged in the first quarter at its fastest pace in more then two years.† GDP has been on a comeback with a vengeance, coming in at a 5.8 annual percent a full point higher then expected economic analyst are enthusiastic of the rest of the year.   Ã‚  Ã‚  Ã‚  Ã‚  Corporate America is also enjoying the boost in the economy with 86% of the S&P 500 companies coming in even or above wall streets forecast for the first quarter.   Ã‚  Ã‚  Ã‚  Ã‚  Although economic growth is surging it is not expected to keep at its current pace. In one strategist’s opinion (Ned Riley) â€Å" In the short term the market should flourish, then very sluggish economic progress.† Regardless of the speed of the expansion, it is all but inevitable throughout 2002. With this rapid expansion comes the chance of a double dip, sliding back into a recession, but according to James Cooper and Kathleen Madigan, writers for Business Week, write â€Å"that there is no danger of a second recession.†   Ã‚  Ã‚  Ã‚  Ã‚  With GDP on the rise, the surging economic activity, the FED lowering interest rates, and charts of the business and economic cycles I believe that we are on the upside of the recession and coming out strong. With the factors that are in place the market markets rise should slow but it will continue. Economic Factors, Indicators and Forcast   Ã‚  Ã‚  Ã‚  Ã‚  Interest rates have been dropped to historically low levels to help bring the economy out of recession, and is having a great impact on the economy as a whole. With lowered in interest more people will be taking out loans and spending money they would not have with the previous interest rates. This puts a boost in the economy by putting in extra money, which people will then spend on goods and services with becomes income for others which then leads to more demand for products, then more manufacturing, and eventually the whole economy is lifted from lower interest rates†¦ or at least this is the plan.   Ã‚  Ã‚  Ã‚  Ã‚  All of these indicators say to me that the economy is coming out of the recession with strong force, and it may not continue its current speed of expansion but I believe that unless there is an extreme event the economy should continue to recover and grow at a normal rate.

The Impact of the 1920’s

The decade of the 1920's was a period of American prosperity, new technology, and a new role for women. As World War I came to an end, society began bursting into many different things. The twenties were a time when people laughed more often than cried, partied more often than worked, and dreamed more often than faced reality. Athletes were looked up to as heroes, authors helped people escape into a different life, and women dressed as flappers and started voting. The Harlem Renaissance, the model T, prohibition, sports heroes, the role of women, and new technologies all helped influence the social changes in the â€Å"Roaring Twenties†. In the 1920's, African Americans were â€Å"roaring† in their culture. African American music, literature, dance, art, and social commentary all boomed in Harlem, New York. Their culture movement was known to be called â€Å"The New Negro Movement† and later called the Harlem Renaissance. The Harlem Renaissance showed the different cultures of African American. One of the main factors leading to the rise of the Harlem Renaissance was the urban migration. There were different people of the arts, such as Nora Thurston Zeale who was an anthropologist, Countee Cullen who was a romantic poet, Langston Hughes who was a poet as well as a playwright. Marcus Garvey, James Weldon Johnston, and W. E. B. Dubois were three political figures who helped people have hope of freedom for African Americans and made the Harlem Renaissance what it came to be known for, all the arts, literature, and music. Marcus Garvey was the leader of the Universal Negro Improvement Association, the first African American leader in the American history to organize masses of people in a political movement. He advocated â€Å"black nationalism† and financial independence for African Americans. W. E. B.  Dubois was an author and a teacher who helped found the National Association for the Advancement of Colored People and helped African Americans try to improve their lives. James Weldon Johnston also helped found the National Association for the Advancement of Colored People and was also the secretary. He was also an influential poet that influenced jazz music. Another black famous figure in the 1920's was Louis Armstrong. He was an amazing trumpet player who played jazz for the first time ever heard north of the Mason-Dixon Line. Langston Hughes was a great writer who wrote funny poems, stories, essays, and poetry. The Harlem Renaissance was a time period which had a huge influence across America and even around the world. The automobile really changed the way people lived in the 1920's. The automobile became the backbone of the American economy. It altered the American landscape and American's society, and it was only one of the several factors in the country's business boom in the 1920's. The automobile changed the way people lived their lives, the way the city was run, and how the economy was dealt with. The automobile changed the way everyday people lived their lives. Rural families now could travel to the city for shopping and entertainment. It also gave families the opportunity to take a vacation in places far away. Automobiles also gave younger people and women additional opportunities to be more independent. It allowed people to live far away from their jobs causing the urban sprawl. The automobile changed the way the city was run in a few ways. It was evident in the construction of the paved roads suitable for driving in all weather. Houses were being built with garages or carports and a driveway and a smaller lawn due to more people having automobiles. Gas stations, repair shops, public garages, motels, tourist camps, traffic signals, and shopping centers were all being built as well. The economy also had a big change when the automobile came into power. The industry provided an economic underpinning for cities like Akron and Detroit. It drew people to oil-producing states like California and Texas. The automobile industry also helped promote the free enterprise system. In the late 1920's, about one in every five people owned a vehicle in America. On January 16, 1920, the 18th amendment went to affect which banned all consumption, distribution, and creation of any alcoholic beverages. This created uproar, because people really did not like being told what they could or could not drink. The soul purpose was to reduce the quantity of alcohol consumed. It at first worked, it began to be very difficult to get alcohol, plus the prices went up a lot, and the quantity consumed was less than it used to be. At that time, most bootleggers were from the mafia, which were families that controlled areas of a city. Speakeasies were made to keep people happy when the alcohol was banned. They gave out alcohol illegally. Besides speakeasies, the American population came up with different kind of ways to get around the 18th Amendment, such as putting alcohol in hot water bottles, coconut shells, garden hoses, and other unique things to get alcohol. The mafia saw the amendment as a way to make money. The time between 1920 until 1933 when prohibition ended, mafia families, such as Al Capone, were taking in about sixty million dollars. It was pretty hard to uphold the Prohibition law. So in 1933, the Prohibition law came to an end. There were many sports heroes in the 1920's, such as George Herman Ruth, Jack Dempsey, Johnny Weismuller, Steve Donoghue, Harold Edward Grange, Helen Newington Wills, and William Tilden. George Herman Ruth, later dubbed Babe Ruth from his fans, set the baseball record of sixty home runs in one season in 1927. This record stood until 1961 when Roger Maris hit 61 home runs. He might have been the best baseball player who ever played the game. He led the Yankees to seven World Series and made two million dollars in his career. Jack â€Å"the Manassa Mauler† Dempsey was one of the best heavyweight boxers of all time. He was a heavyweight champion and fought and won against Georges Carpentier. The battle was later called â€Å"The Battle of the Century† and they were the first people to be paid more than one million dollars for promotion of the fight. Johnny Weismuller was a swimmer who won a lot of Olympic gold medals. He won 52 United States titles and 28 world distance records. He also starred in many films as Tarzan Lord of the Jungle. Steve Donoghue won several Derby's. He won six total Derby's and was named the champion jockey from 1914-1923. Harold Edward Grange was a college football hero who helped get the game of American football popular. Helen Newington Wills was a woman's tennis champion. She won Wimbledon for the first time in 1927. She had won two Olympic gold medals and 19 singles championships. She was later inducted into the U. S. Lawn Tennis Hall of Fame. William â€Å"Big Bill† Tilden was a men's tennis champion. He was the first American to win the Wimbledon title in 1920. These two champions helped get the game of tennis popular during the twenties. On August 26th, 1920, President Wilson ratified the Nineteenth Amendment. The Nineteenth Amendment was for women suffrage. In the twenties, many roles changed for women. Women were declared the right to vote, their styles changed, they began doing other jobs such as doctors, bankers, lawyers, and other different jobs which were usually reserved for men. Women's style changed from wearing clothes that went all the way down to their ankles and with long hair all pinned up to short â€Å"bob† hair cuts and short skirts. These women were called â€Å"flappers†. In the twenties, the jobs that were usually seen as womanly such as household things dropped. Women started doing jobs that men usually did. It was still seen that women were to be in the home and men brought home the money. A lot of new technology thrived in the 1920's. In 1927, Philo Farnsworth patented the â€Å"dissector tube† which turned out to be important to inventing the television. Late in 1922, the first movie with sound, â€Å"The Jazz Singer† came out. Television's first drama came out on September 11, 1928, which was called â€Å"The Queen's Messenger†. In 1926, the first movie with sound and color came out. The Harlem Renaissance, the model T, prohibition, sports heroes, the role of women, and new technologies all helped influence the social changes in the â€Å"Roaring Twenties†. The prosperity and experiences that America went through in the â€Å"Roaring Twenties† looked like they would go on forever. There were not any signs that the country that was thriving would go into a complete and total economic depression. New inventions, new advancements, and new discoveries helped make life better in America. Life seemed so easy in the twenties thanks to all the new advancements. No one would have guessed what laid ahead for the powerful country.

Law of Sale of Goods (Part I)

Topic 12 1. 2. 3. 4. 5. Law of Sale of Goods (Part I) LEARNING OUTCOMES By the end of this topic, you should be able to: Define the meaning of goods; Describe the classification of goods; Differentiate a contract of sale and an agreement to sell; Explain the implied terms in a contract of sale of goods; and Identify the importance of transfer of property in the goods. INTRODUCTION The Sale of Goods Act 1957 (Revised 1989) is the statute applicable to sale of goods in Peninsular Malaysia.For Sabah and Sarawak, the law of sale of goods is governed by Section 5(2) of the Civil Law Act 1956. It provides that: „The law to be administered shall be the same as would be administered in England in the like case at the corresponding period. †° In effect, Sabah and Sarawak continue to apply principles of English law relating to the sale of goods. The Sale of Goods Act 1957 was enacted based on the English Sale of Goods Act 1893 (which was replaced by the Sale of Goods Act 1979).The S ale of Goods Act 1957 applies to contracts for the sale of all types of goods including second-hand goods, and to commercial and private sales, wholesale and retail. The general law of contract will continue to apply to contracts for the sale of goods as Section 3 of the Sale of Goods Act 1957 expressly provides for the continual application to contracts for the sale of goods of the 198 TOPIC 12 LAW OF SALE OF GOODS (PART I) provisions of the Contracts Act 1950 „in so far as they are not inconsistent with the express provision of this Act†°. 12. 1 DEFINITION OF GOODSGoods under Section 2 of the Sale of Goods Act, 1957 means „every kind of movable property other than actionable claims and money and includes stocks and shares, growing crops, grass, and things attached to or forming part of the land which agreed to be severed before sale or under the contract of sale. †° In Section 6 of the Sale of Goods Act 1957, goods which form the subject of a contract of sale may be either existing goods or future goods. Existing goods are goods already owned or possessed by the seller and may comprise specific or unascertained goods.Goods are specific if they are identified and agreed upon at the time a contract of sale is made. Unascertained goods are goods not identified and agreed upon at the time a contract of sale is made. Ascertained goods are those unascertained goods which have been identified and appropriated to the contract after the contract has been made. Future goods consist of goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. 12. 2 CONTRACT OF SALE A contract of sale is the transfer of ownership of the goods to the buyer for a money consideration.Section 4(1) of the Sale of Goods Act 1957 defines a contract of sale of goods as: „A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. †° A contract of sale includes a sale and an agreement to sell. What is the difference between a sale and an agreement to sell? According to Section 4(3) of the Sale of Goods Act 1957: „Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of theTOPIC 12 LAW OF SALE OF GOODS (PART I) 199 property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. †° Under Section 4(4): „An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. †° The above provisions distinguished a sale from an agreement to sell in terms of ownership or „the property in the goods†°.A contract is a sale when the ownership or the property in the goods passes to the buyer and it is an agreement to sell where the transfer of the pr operty in the goods is to take place at a future time or subject to some condition to be fulfilled. An ownership must also be distinguished from possession. A person who possesses certain goods may not be the owner of the goods. Alternately, an owner of certain goods may not have the goods in his possession. In an agreement to sell, the goods still belong to the seller. Consequently, if the buyer breaches an agreement to sell, the seller may sue for unliquidated damages.If the seller breaches an agreement to sell, the buyer has only a personal remedy for damages against the seller. Whereas in a sale, if the buyer fails to pay, the seller can sue for the contract price because ownership has passed to the buyer. 12. 3 TERM OF CONTRACT The conditions and warranties in contract of sale of goods are provided in Section 12 of the Sale of Goods Act 1957. A condition under Section 12(2) is: „A stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. †° 200 TOPIC 12 LAW OF SALE OF GOODS (PART I)A warranty under Section 12(3) is: „A stipulation collateral to the main purpose of the contract, the breach of which give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated. †° According to Section 12(4): „Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. The stipulation may be a condition, though called a warranty in the contract. †° There are circumstances which permit the buyer to treat a breach of condition as a breach of warranty, as provided in Section 13(1) of the Sale of Goods Act 1957.It provides that: „Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating th e contract as repudiated. †° However, under Section 13(2), where a contract is not severable and the buyer has accepted the goods or part thereof, the breach of condition must be treated as a breach of warranty. Similarly, in a case where the contract is for specific goods and the property has passed to the buyer.Therefore, the buyer cannot reject the goods and repudiate the contract. 12. 4 IMPLIED TERMS Implied terms are those conditions and warranties implied by the statute into particular contracts. The terms, though not expressly found in the contract, are generally accepted incidents of the contract and therefore imported by the courts. The kind of terms implied by statute for the contract of sale of goods are the conditions and warranties provided under the Sale of Goods Act 1957. These conditions and warranties implied in a contract of sale of goods ind the contracting parties, the buyer and the seller. However, according to Section 62 of the Sale of Goods Act 1957: â₠¬Å¾This right, duty or liability that would arise under a contract of sale by implication of law may be negatived or varied by express agreement or by the course of dealings between the parties, or by usage, if the usage is to bind both parties to the contract. †° This means the parties to a contract of sale may exclude the implied terms by the express agreement or by previous dealings or by usage. TOPIC 12 LAW OF SALE OF GOODS (PART I) 201 12. . 1 Title Section 14 of the Sale of Goods Act 1957 provides the implied undertaking as to title in a contract of sale. According to the provision, „unless the circumstances of the contract indicate a different intention, there is: (a) An implied condition on the part of the seller that in the case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property or ownership is to pass. An implied warranty that the buyer shall have and enjoy qu iet possession of the goods.An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contact is made. †° (b) (c) A breach of condition entitles the buyer to treat the contract as repudiated and recover the price in full even though he has used the goods. This is because the buyer pays the price of the goods in order to enjoy the ownership as well as the use of the goods. In the case of Rowland v Divall [1923] 2 KB 500, the plaintiff bought a car from the defendant.After using the car for four months, the plaintiff discovered that it was a stolen car and he had to return it to the true owner. The Court of Appeal held that the defendant had breached the condition as to title and the plaintiff could recover the full price because of total failure of consideration. 12. 4. 2 Sale of Goods by Description The rule relating to sale of goods by description is provided in Section 15 of the Sale of Goods Act 1957. It provides that: „Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. 202 TOPIC 12 LAW OF SALE OF GOODS (PART I) In addition, „If the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. †° Sale of goods by description covers all cases where the buyer has not seen the goods but is relying on the description alone, for example, goods ordered from a catalogue or if ordered over the counter, by a trade name. Thus, it includes all contracts for the sale of unascertained goods and sale of specific goods which the buyer has not seen prior to the contract.In the case of Nagurdas Purshotumdas & Co. v Mitsui Bussan Kaisha Ltd (1911) 12 SSLR 67, previous contracts between the parties for the sale of flour had been sold in bags bearing a well-known trade mark. Further flour was ordered, described as „the same as our previous contract†°. Flour identical in quality was delivered but it did not bear the same well-known trade mark. It was held that it did not comply with the description. In another case of Beale v. Taylor [1967] 1 WLR 1193, the seller advertised a car as „Herald Convertible, white, 1961, twin carb «Ã¢â‚¬ °.The buyer saw the car before he agreed to buy. Later, he discovered that the rear of the car was part of a 1961 Herald Convertible while the front half was part of an earlier model. It was held that he was entitled to claim damages for breach of the condition. In the case of Moore & Co v. Landauer & Co [1921] 2 KB 519, the buyers were entitled to reject the goods because half of the cases contained only 24 tins, even though the total quantity was met. The contract was for 3100 cases of Australian canned fruit packed „30 tins to case†°. 2. 4. 3 Fitne ss for Purpose and Merchantable Quality Section 16 of the Sale of Goods Act 1957 provides that there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale except in the following situations: TOPIC 12 LAW OF SALE OF GOODS (PART I) 203 Goods must be reasonably fit for the purpose for which the buyer wants them (Section 16(1)(a)); or Goods must be of merchantable quality (Section 16(1)(b)). (a) Goods must be reasonably fit for the buyerEs purpose. Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the sellerEs skill or judgement, and the goods are of a description which is in the course of the sellerEs business to supply (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be reasonably fit for such purpose. †° But in the case of a cont ract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose.The buyer may invoke Section 16(1)(a) if he makes known to the seller the particular purpose for which he acquires the goods and the buyer is relying on the sellerEs skill and judgement. The goods must also be a description which is in the course of the sellerEs business to supply and if the goods are specific, they must be bought under their trade name or patent. The above requirements are explained in the following cases: In Griffiths v. Peter Conway Ltd. [1939] 1 All ER 685, a woman with an abnormally sensitive skin bought a Harris Tweed coat without disclosing to the seller about her abnormality.She could not claim under this section because the coat would not harm a normal person. Thus, the buyer must clearly indicate the special purpose for which the goods are to be used. Otherwise, there is no breach of the implied condition if the goods are suitable for their general and normal purpose. If the description of the goods is only for one purpose, then it requires no further indication. For example, a hot water bottle is meant to contain hot boiling water; if it breaks upon filling of hot water, then it is not fit for its purpose. 204 TOPIC 12LAW OF SALE OF GOODS (PART I) In the case of Cammell Laird & Co v. Manganese Bronz and Brass Co Ltd [1934] AC 402, there was a contract by A to build a propeller for B in accordance with BEs specification and to fit a particular ship and its engine. The propeller supplied complied with the specification and design but did not suit the shipEs engine. A was held liable for breach of an implied condition since the buyer had informed the seller of the purpose for which he needed the goods and relied on the sellerEs skill and judgement to provide them. In Baldry v.Marshall [1925] 1 KB 260, the buyer asked the dealer for a car suitable for touring and the dealer recommended a Bugatti car. A contract for the sale of the car was made. Later, the buyer found that the car was unsuitable for touring. The Court of Appeal held that the dealer was liable because the buyer had relied on the dealerEs judgement in selecting a suitable car for the specific purpose stated by the buyer (even though the car was bought under its trade name). Hence, if the buyer purchases goods under its trade name but at the same time relies on the sellerEs recommendation, it means the buyer is still relying on the sellerEs skill.But if the buyer purchases specific goods under a trade name and gives the impression that he is not relying on the sellerEs skill, then he cannot claim under this section. (b) Goods must be of merchantable quality „Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality. †° However, „If the buyer has examined the goods, there shall be no implied condition as regards defects, which such examination ought to have revealed. „Merchantable quality†° means the goods are fit for the particular use in which they were sold. Therefore, if they are defective for their purpose, they are considered unmerchantable. TOPIC 12 LAW OF SALE OF GOODS (PART I) 205 For implied condition as to merchantable quality, the buyer need not make known to the seller the particular purpose for which he requires the goods. The section only requires the goods to be bought by description and bought from a seller dealing with the goods of that description. Where goods are old under their trade name, the implied condition as to merchantable quality is applicable although the implied condition as to fitness is excluded. In Wilson v. Ricket, Cockerall & Co. Ltd [1954] 1 All ER 868, fuel by its trade name ACoaliteE was ordered from a fuel merchant. The consignment was contaminated in that a detonator was embedded in the coal, resulting in an explosion in the fire-place when used. The Court held that the consignment as a whole was unmerchantable, having defects making it unfit for burning.In the proviso to Section 16(1)(b), the implied condition does not apply „where the buyer has examined the goods as regards defects which such examination ought to have revealed. †° This means if the buyer has conducted some examination before or at the time of the contract, the buyer cannot later complain about the defects which would be revealed by a proper examination. In the case of Thornett & Fehr v. Beers & Sons [1913] 1 KB 486, the buyer had conducted a superficial look at the outside of some barrel of glue. It was held that there was an examination and thus the implied condition as to merchantable quality did not apply. 2. 4. 4 Sale by Sample Section 17 of the Sale of Goods Act 1957 provides that „in a contract for the sale of goods by sample, there is an implied condition: (a) (b) That the bulk shall correspond with the sample in quality; That the buyer shall have reasonable opportunity of comparing the bulk with the sample; and 206 TOPIC 12 LAW OF SALE OF GOODS (PART I) (c) That the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. The three conditions above are independent of one another.If the bulk corresponds with the sample but there is a latent defect rendering the goods unmerchantable, the buyer is still entitled to reject them. In the case of Drummond v. Van Ingen (1887) 12 App. Cas. 284, the cloth supplied by the seller was equal to sample previously examined but because of a latent defect not discoverable by a reasonable examination, the Court found the seller in breach of the condition. SELF-CHECK 12. 1 1. What is the meaning of existing goods, future goods, specific goods and unascertained goods? Provide examples in your explanation. What is the difference between a sale and an agreement to sell?What are the kind of implied conditions and warranties incorporated in a contract of sale of goods? What is the effect of breach of implied condition and warranty in a contract of sale of goods? Can the party to the contract of sale of goods exclude the implied terms? 2. 3. 4. 5. TOPIC 12 LAW OF SALE OF GOODS (PART I) 207 ACTIVITY 12. 1 Discuss the following questions: (a) Michael and his wife Betty, were busy shopping for new furniture for their new house. Three days before moving, they visited a furniture shop Antique Design. Betty was very interested in a sofa set from Italy worth RM15,000.The set was made from soft leather, brown in colour and consist of one coffee table, and they agreed to buy the set. Both the husband and wife also agreed to buy a double bed for their daughters. Michael informed the seller that he wanted a double bed made from good quality wood. The seller assured Michael that he would meet Michael Es request, as he was an expert and experienced in selling furniture. After payment, the seller promised to deliver the furniture on the day that they were supposed to move into their new house. Michael and Betty also went to Cool Air-Cond, a shop selling air conditioners.The seller managed to attract Michael to buy a portable air-conditioner at the price of RM2,000, with a guarantee that the air conditioner could be used for the next five years without any problem. After checking the goods and satisfied with their condition, Michael made a payment. The seller promised to deliver the air conditioner on the day they move to the new house. On the day of moving, all of the goods ordered by Michael and Betty were delivered. Nevertheless, they were disappointed to see that the sofa set that was delivered was not brown and did not include the coffee table and that the double bed ordered was not of good quality wood.Meanwhile, the portable air conditioner that Michael bought produced a str ong noise when it was switched on. Michael and Betty were very disappointed with what had happened and seek your legal advice on what action can be taken on the sellers of the goods. B placed an advertisement in a local newspaper offering for sale, a second-hand car at RM40,000 o. n. o. The car was described as „Toyota, late 2000†° model. Q responded by offering to buy the car at RM37,000. The offer was accepted by B.After driving the car for almost three months, Q discovered that only the body of the car was of „late 2000†° model while the engine was from a much earlier model. Q now wishes to rescind the contract and seeks your advice on the matter. Advise Q on her rights under the Sale of Goods Act 1957. (b) (c) 208 TOPIC 12 LAW OF SALE OF GOODS (PART I) (d) Sally, a contestant in one of the top reality shows in TVReality was preparing for the final contest to become the winner for the new season 2008. Sally engaged a professional tailor to sew the dress suit able for the contest.Sally consulted Robin, a well-known fashion designer in town, on the choice of fabric for the dress because she had sensitive skin and was allergic to certain types of fabric. Sally paid RM3,000 for the cost of the dress. After the contest, Sally discovered red spots on her skin. She went to see the doctor and was told that her skin was sensitive to the fabric used for the dress that she had worn for the contest. Sally went to see Robin and returned the dress because the fabric used for the dress was not fit for the purpose she made known to Robin and caused her skin complaint.Sally also claimed for the refund of the cost of the dress from Robin and the medical expenses incurred by her. Decide whether Sally could claim for the refund of her money from Robin as well as the cost for her medical expenses. 12. 5 TRANSFER OF PROPERTY IN THE GOODS AND RISK Property in the goods means title or ownership. The transfer of property in the goods is very important because i t determines the risk. As a general rule, the risk passes when the property in the goods passes (notwithstanding whether delivery has been made). Thus, the goods will remain at the sellerEs risk until the property in the goods is transferred to the buyer.When the title or ownership is transferred to the buyer, then the goods are at the buyerEs risk. According to Section 26 of the Sale of Goods Act 1957: „Unless otherwise agreed, the goods remain at the sellerEs risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyerEs risk whether delivery has been made or not: Provided that where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. TOPIC 12 LAW OF SALE OF GOODS (PART I) 209 This means, if delivery has been delayed through the fault of either party, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. 12. 5. 1 Effects of the Contract Since the risk passes when the property in the goods passes, is it essential to know when the title passes. Under the Sale of Goods Act 1957, Section 18 to 23 provide certain rules that determine the time when property in the goods passes to the buyer. a) Sale of unascertained goods Under Section 18 of the Sale of Goods Act 1957, where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. Sale of specific or ascertained goods Under Section 19 of the Sale of Goods Act 1957, where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. Thus, the general rule is that title passes when the parties to a contract of sale intend it to pass.Unless a different intention appears, the following rules are the rules for ascertaining the intention of the parties as to the time of passing of property in the goods. (c) Specific goods in a deliverable state Under Section 20 of the Sale of Goods Act 1957, where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made. It is immaterial whether the time of payment of the price or the time of delivery of the goods is postponed. For example, A agrees to buy a specific book entitled „Business Law†° on credit.The title in the book passes to A on the sale even though the payment is postponed. (d) Specific goods to be put into a deliverable state Under Section 21 of the Sale of Goods Act 1957, where there is a contract for the sale of specific goods and the seller is bound to do something to the (b) 210 TOPIC 12 LAW OF SALE OF GOODS (PART I) goods fo r the purpose of putting them into a deliverable state, the property does not pass until such thing is done and the buyer has notice thereof. For example, A agrees to sell a specific computer to B and promises to install the specific software in the disk.The ownership in the computer does not pass to B until A installs the specific software as promised and B must know about the fact that A has done the installation. (e) Specific goods in a deliverable state when the seller has to do anything thereto in order to ascertain price Under Section 22 of the Sale of Goods Act 1957, where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer has notice thereof.For example, A agrees to sell to B all the flour contained in a specific sack for RM3 per kil ogram. The title does not pass to B until A weighs the flour and B knows that the flour has been weighed. (f) Sale of unascertained goods and appropriation Under Section 23 of the Sale of Goods Act 1957, where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer.The assent may be expressed or implied and may be given either before or after the appropriation is made. A contract for the sale of unascertained goods is an agreement to sell and not a sale. Future goods mean goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. „Unconditionally appropriated to the contract†° in the provision above means a clear act showing the intention to ident ify certain goods as attached to the contract and without any condition.The duty to appropriate may be placed on the buyer or the seller. Appropriation may involve the act of selecting, separating or weighing from a bulk by the buyer or the seller, and it must be approved by the other party. The appropriation must be unconditional and it should pass property in the goods without further requirements (such as payment or price). Further, Section 23(2) of the Sale of Goods Act 1957 provides that where (in pursuance of the contract) the seller delivers the goods to the buyer or to a TOPIC 12 LAW OF SALE OF GOODS (PART I) 211 arrier or other bailee for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract. The effect is that property in the goods passes to the buyer at the time when the goods are handed over to a carrier (for example, a transportation company such as shipping, truc king or railway). The carrier is the buyerEs agent for the purpose of delivery. But if the carrier is the agent of the seller, then property in the goods will not pass until the goods are actually delivered to the buyer. g) Goods sent on approval or „on sale or return†° Under Section 24 of the Sale of Goods Act 1957, when goods are delivered to the buyer on approval or „on sale or return†°, or other similar terms, the property in the goods passes to the buyer: (i) when the buyer signifies his approval or acceptance to the seller or does any other act adopting the transaction; or if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time. ii) Under the second situation above, if a time is fixed for the return of the goods, then property in the g oods passes upon the expiration of the time. But if no time is fixed, property in the goods passes upon the expiration of a reasonable time. SELF-CHECK 12. 2 1. 2. 3. 4. 5. 6. What is the meaning of property in the goods? What is the significance of the transfer of title or ownership in the goods? When does the risk pass to the buyer in a contract of sale of goods? How would you determine the time when the property in the goods passes to the buyer?When is the property in the goods transferred to the buyer in a contract for sale of unascertained goods? When is the title or ownership transferred to the buyer in a contract for sale of a specific or ascertained goods? 212 TOPIC 12 LAW OF SALE OF GOODS (PART I) ACTIVITY 12. 2 Discuss the following question: 500 tonne metric of flour belonging to a vendor were stored in a godown belonging to Mr. Isaac. The vendor sold 200 tonne metric of the flour to Mr Hans and gave him a delivery order addressed to Mr Isaac.When Mr HansE carrier arrived at the godown, Mr Isaac had already set aside the 200 tonne metric of the flour. The carrier handed the delivery order to Mr Isaac who gave instructions for loading to commence. Before the loading could commence, Mr IsaacEs godown caught by fire and it destroyed the whole stock of the flour. Discuss when did the property in the goods pass and who shall bear the loss. A contract of sale is the transfer of ownership of the goods to the buyer for a money consideration. Where the property in the goods is transferred from the seller to the buyer, the contract is called a sale.Where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. What distinguishes a sale from an agreement to sell is in terms of ownership or „the property in the goods†°. A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a r ight to treat the contract as repudiated. A warranty is a stipulation collateral to the main purpose of the contract, the breach of which give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated.The conditions and warranties implied in a contract of sale of goods bind the contracting parties, the buyer and the seller. The parties to a contract of sale may exclude the implied terms by the express agreement or by previous dealings or by usage. TOPIC 12 LAW OF SALE OF GOODS (PART I) 213 In a contract of sale of goods, there are implied conditions as regards to title, description, sample, fitness for particular purpose and merchantable quality.Unless the circumstances of the contract indicate a different intention, there is an implied condition on the part of the seller that in the case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property or ownership is to pass. There is an implied warranty that the buyer shall have and enjoy quiet possession of the goods and that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contact is made.The risk passes when the property in the goods passes, thus the goods will remain at the sellerEs risk until the property in the goods is transferred to the buyer. Agreement to sell Fitness for purpose Implied terms Merchantable quality Property in goods Sample Title Sale of goods Transfer of title Text Books: Harlina Mohamed On & Rozanah Ab. Rahman. (2007). Undang-Undang Perniagaan Malaysia. Selangor: Kumpulan Usahawan Muslim Sdn. Bhd. Wu M. A. & Vohrah B. (2000). The Commercial Law of Malaysia (2nd Ed. ). Selangor: Pearson and Longman. Cases:Baldry v. Marshall [1925] 1 KB 260. Beale v. Taylor [1967] 1 WLR 1193. Cammell Laird & Co v. Manganese Bronz and Brass Co Ltd [1934] AC 402. Drummond v . Van Ingen (1887) 12 App. Cas. 284. 214 TOPIC 12 LAW OF SALE OF GOODS (PART I) Griffiths v. Peter Conway Ltd. [1939] 1 All ER 685. Moore & Co v. Landauer & Co [1921] 2 KB 519. Nagurdas Purshotumdas & Co. v Mitsui Bussan Kaisha Ltd (1911) 12 SSLR 67. Rowland v Divall [1923] 2 KB 500. Thornett & Fehr v. Beers & Sons [1913] 1 KB 486. Wilson v. Ricket, Cockerall & Co. Ltd [1954] 1 All ER 868.